Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. “It is a tale, told by an idiot, full of sound and fury, signifying nothing.” – William Shakespeare.

Joint Investigation – addendum to DNV report

The USCG-BOEMRE Joint Investigation released Addendum to the Final Report of Det Norske Veritas (DNV) regarding its forensic examination of the Deepwater Horizon blowout preventer (BOP). The addendum provides corrections to the text of the original report; clarifications requested by BOEMRE relating to fault tree analysis, alternative theories, cutting (or not) of upper VBR hoses via ROV, and support for elastic buckling theory; an update of the off-center drill pipe finite element analysis (FEA) model; and revised figures and update text for the DNV Forensic Report stating at page 156 directly following figure 133. (4/30/11).

Massachusetts – commercial wind energy leasing area to be reduced

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it will reduce the area offshore Massachusetts under consideration for commercial wind energy leasing. This action is being taken following receipt of comments from the Governor, the Congressional delegation, and the Massachusetts commercial fishing industry. BOEMRE has received eleven submissions from ten companies describing commercial leasing interest within the areas covered by the December 29, 2001 Request for Interest (RFI). (5/2/11).

USCG – MSST 91111 disestablished

The US Coast Guard issued an announcement stating that Maritime Safety and Security Team Anchorage (MSST 91111) has been disestablished pursuant to the FY11 Continuing Resolution. ALCOAST 217/11 (4/29/11).

EPA – Tier II emission standards for spark-ignition marine engines

The Environmental Protection Agency (EPA) issued a notice stating that it is granting California its request for authorization to enforce its emission standards and other requirements for its second tier (“Tier II”) of emission standards for new marine inboard/sterndrive spark-ignition engines. Petitions for review must be filed by July 5. 76 Fed. Reg. 24872 (May 3, 2011).

Court – dismissal of collateral attack on S&R proceeding

In an unpublished decision, the US Court of Appeals for the Fifth Circuit largely affirmed a district court’s dismissal of the complaint filed by a US merchant mariner who was issued an admonishment by the US Coast Guard in a suspension and revocation (S&R) proceeding. This was the plaintiff’s second attack on the admonishment. His first complaint, filed several years ago, was dismissed for failure to exhaust administrative remedies and for lack of subject matter jurisdiction. This complaint is largely a collateral attack on the earlier ruling. The district court this time dismissed the case with prejudice. On appeal, the court upheld the dismissal, but ruled that it should have been without prejudice. Rogers v. Ingolia, No. 10-30648 (5th Cir., May 2, 2011).

Australia – investigation of grounding in Queensland

The Australian Transport Safety Bureau (ATSB) issued a media release stating that it has commenced an investigation into the 29 April grounding of a bulk carrier departing the Auckland Channel in Gladstone Harbour, Queensland. The vessel was refloated with tug assistance on a flooding tide. There were no reports of injury or pollution. (4/29/11).

New Zealand – changes to pilotage rules

Maritime New Zealand issued a media release stating that new pilotage rules came into effect on 1 April 2011. New compulsory pilotage areas have been established in Stewart Island and in the Pelorus Sound/Admiralty Bay/French Pass area. Provides of pilotage services are required to have approved proficiency plans to ensure the proficiency and competence of their pilots is maintained. (5/2/11).

Panama Canal – work on miter gates

The Panama Canal Authority issued an advisory stating that, beginning Tuesday, May 3, three separate locks lane outages will take place while work is performed on various miter gates. Transit Reservation System Condition 1.a will be in effect on May 6. Advisory 8-2011 (4/29/11).

Somalia – pirates release bulk carrier

The EU NAVFOR issued a press release stating that Somali pirates have released the bulk carrier Sinar Kudus. The vessel was hijacked on March 16. (5/1/11).

UK – warning re unexploded ordnance

The UK Maritime and Coastguard Agency (MCA) issued a press notice advising the public to exercise caution if they encounter items suspected to be unexploded ordnance. While the description and location of the item should be noted and reported, the item should not be touched, moved, or lifted. (5/2/11).

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About Me

After graduating from the US Coast Guard Academy, he served 27 years active duty, retiring as a Captain in 1995. While on active duty, he made three Arctic patrols (and was seconded to the icebreaking tanker MANHATTAN during its Northwest Passage transit in 1969). After law school, he served in a variety of legal assignments, including as the agency’s Law of the Sea Officer. He supervised implementation of the Oil Pollution Act of 1990 (OPA 90). This project involved preparation of regulations relating to double hulls for oil tankers and vessel response plans, among others. In 1995, he joined the law firm of Haight Gardner Poor & Havens, specializing in the government regulation of ships. He advised clients worldwide on compliance with international, US, and state laws impacting vessel operation. He published via email to 5,000 readers worldwide the daily newsletter Maritime Items on governmental developments impacting the industry. In 2009, Mr. Bryant moved into maritime regulatory consulting. He continues to publish a daily newsletter, but it is now distributed via the Blog. He writes extensively, speaks at fora worldwide, and is quoted frequently in the trade press.